I need help...

[daisy111 0]

Hi everybody,

This is my story shortly,I was living in the US for almost 4 years illegally.I went there on a business visa and I decided to stay.I met my fiance there.I decided to go back to Bulgaria and file for K1 here.Bulgaria is my home country.But it was denied.We didn't file any waivers because I was advised that there is no sense of filing a waiver and that I will get denied again.I really need an advice what to do ...I really miss my fiance and I want to return to the US? How do I do that ?I need an urgent advice...

Thank you all for the understanding,

[Otto 83]

Hi everybody,

This is my story shortly,I was living in the US for almost 4 years illegally.I went there on a business visa and I decided to stay.I met my fiance there.I decided to go back to Bulgaria and file for K1 here.Bulgaria is my home country.But it was denied.We didn't file any waivers because I was advised that there is no sense of filing a waiver and that I will get denied again.I really need an advice what to do ...I really miss my fiance and I want to return to the US? How do I do that ?I need an urgent advice...

Thank you all for the understanding,

Daisy111,

Couple of things:

1- Am not sure who's giving you advise, but it sounds like you really need the advise of an immigration attorney. You have a 4 year overstay and will need to file a waiver.

2- Check Here Waiver Forum for more information. Start with the Pinned Topics.

I'd get a good immigration attorney to look into your specific case.

[Kez/JWolf 6]

Looks like you were given bad advice from the begining..... you should never have left the US.. you should have got married and filed for AOS because any overstay is forgiven if you are married to a USC...

You should have filed a wavier to over come the 10 year ban at the time of your interview.... you dont say who gave this advice but I would recommend you do nothing until you have spoken to a immigration lawyer...

Good luck

Kez

[kitkat1 5]

Hi everybody,

This is my story shortly,I was living in the US for almost 4 years illegally.I went there on a business visa and I decided to stay.I met my fiance there.I decided to go back to Bulgaria and file for K1 here.Bulgaria is my home country.But it was denied.We didn't file any waivers because I was advised that there is no sense of filing a waiver and that I will get denied again.I really need an advice what to do ...I really miss my fiance and I want to return to the US? How do I do that ?I need an urgent advice...

Thank you all for the understanding,

Daisy, EXACTLY what was denied? Your fiance's I-129F petition or your K1 visa? I'm sure you remember the countless posts that gave you loads and loads of information on how to file a waiver after denial of a K1 visa due to overstay and illegal presence.

If your petition was denied, you need to know why and overcome those reasons.

If your K1 visa was denied, your only option would have been to file a waiver. Normally a waiver is filed within 30 days of visa denial. If the visa was denied, you need to contact your consulate and find out if you can still file a waiver.

p.s. remember when everyone told you that you need to fill in your timeline and country information because it helps people answer your questions? You STILL need to do that. If you don't fill in your timeline and all your information, people really cannot help you, just like right now.

[kitkat1 5]

Daisy, here's one of your many many threads (this one is 6 pages) http://www.visajourney.com/forums/index.php?showtopic=19080

where you will find all the answers to your waiver questions.

Since it appears your petition was approved and your visa was denied due to your illegal presence (just as everyone here told you would happen), you need to file a waiver (if it's not too late).

Other than that, there are no other options, just as you were told again and again and again last September.

[daisy111 0]

I have heard on the news that the US may abrogate visas for Bulgarians by the end of 2007....This means that bulgarians will travel visa free to the US....Do you think I will be able to go to the US then even I have overstayed before ?

[Minya's wife 24]

I have heard on the news that the US may abrogate visas for Bulgarians by the end of 2007....This means that bulgarians will travel visa free to the US....Do you think I will be able to go to the US then even I have overstayed before ?

The addition of more countries to the Visa Waiver Program(VWP) is still under consideration. I doubt there will be anything concrete decided by the end of this year. Regardless, because you will not be able to come to the US on the VWP. It looks like your overstay precludes you, as you're subject to a 10 year ban for having overstayed so long (3+ years?). Getting a new passport (saw that you posted that in your other thread....which is almost a year old), trying for a fiancee visa or any other type of visa, will not overcome the fact that you are banned from entering this country for now. Only a waiver will help...and even that is not guaranteed.

Edited May 20, 2007 by Paula&Minya

[kitkat1 5]

Daisy,

Why didn't you submit a waiver when your visa was denied and they told you that you needed waiver to overcome the 10 year ban?

The ban is for 10 years.

A waiver is the only option.

YOU NEED TO SUBMIT A WAIVER FOR ANY KIND OF VISA

[Kez/JWolf 6]

Daisy....

WHAT PART OF YOU ARE BANNED DO YOU NOT UNDERSTAND???

You will not be given any visa to come to the US because of your overstay...... you can apply for a wavier to overcome the ban.... if it is approved....

Your only other option is for your SO to move to your country.....

Kez

Edited May 20, 2007 by Niagaenola

[heathius 0]

Even if they activate the VWP in Bulgaria, and even if you are somehow able to make it on a plane to the US under the VWP (which would require an amazing amount of error by both the Bulgarian and US border officers and passport control), how does that solve your problem? You would then be in the US illegally again against a 10 year ban, with no intention to leave. Even if you then file for AOS, that will be denied and DHS may then try to find you for deportation (which could result in something worse than the 10 year ban).

Notice I'm using a lot of "even ifs" here. Do you see where we are all going with this? No offense, but you have to take responsibility for the consequences of entering a country illegally, especially if you don't admit the error right away and file a waiver as an offer for forgiveness. File the waiver if it is not too late, otherwise your SO should start preparing for a move.

[JenT 0]

She's baaaaaack........

[CarolineM 0]

Who told you you wouldn't need to file a waiver...all I See on your old posts is 100 people telling you it's the only thing you CAN do...

Welcome back anyway...

[kitkat1 5]

Who told you you wouldn't need to file a waiver...all I See on your old posts is 100 people telling you it's the only thing you CAN do...

No one told her she wouldn't need a waiver - she knew it in advance but simply refused to see it or deal with it . . . now it appears she's lost her chance unless she contacts the consulate to find out the deadline for waiver filing (and I think we can safely assume that she's not gonna do that!)

She's baaaaaack........

sooooooooo scaaaaryyyyyyyyyyyy

[daisy111 0]

Thank you very much for all your replies.....

[msu17 0]

HAHAHAHA, wow I just read the past posts... If you KNEW you needed a waiver as that is your only option other than waiting 10 years for the ban to be over, why did you NOT do it?